reachinus
08-25 09:38 AM
Hi There,
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
gk_2000
08-10 08:45 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
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monkeyman
10-08 11:36 AM
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
more...
nitkad
03-20 05:07 PM
Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?
number30
04-29 06:08 PM
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
more...
vnsriv
06-25 03:29 PM
My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.
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cal_dood
12-18 04:26 PM
As the cruises stop for less than 24 hrs, you may not need a mexico visa. I'm not applying for one...worst case probably is I cannot disembark in cozumel.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
more...
shahsahil
04-17 05:36 PM
No audit information from DOL on my PERM case.
10 months of silience from DOL.
I keep asking Lawyer about the staus. And seems like they didn't recieve any information.
Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.
Is this true?
-Sahil
10 months of silience from DOL.
I keep asking Lawyer about the staus. And seems like they didn't recieve any information.
Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.
Is this true?
-Sahil
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mrsr
02-20 10:37 AM
Thank you very much sir, I really Appriciate your help.
more...
Norristown
10-15 07:47 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
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cleopatra
02-17 08:36 AM
Story 2
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?
So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.
When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.
Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.
So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.
So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.
It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
Which of the above stories do you want to be in?
Be active. Participate.
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?
So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.
When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.
Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.
So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.
So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.
It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
Which of the above stories do you want to be in?
Be active. Participate.
more...
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GCneeded
03-14 04:07 PM
To nat23,
I sent you a PM.
I sent you a PM.
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h1techSlave
01-07 02:56 PM
it is stoop, not stop :)
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.
more...
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meher
12-24 12:56 PM
So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.
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samswas
05-25 03:37 PM
I think the problem is with the Poll.
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
Sorry guys ... Yes, problem is with the poll. I created this thread. When I created, I don't know that you can not change your response once you vote
more...
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rvendra
05-25 01:55 PM
My case transferred to USCIS local office and below is the case status:
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
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jayleno
12-16 10:42 AM
Its very sad that such employers exist. What did your lawyer have to say regarding this? Is the lawyer appointed by the company or yourself? If the lawyer was apoointed by your ex-employer, I think the safest thing is to get your paperwork and move to a different lawyer to represent you. Please do not panic, fight it out.
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
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jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
CADude
08-03 07:29 PM
Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.
PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
vasa
07-05 10:48 PM
Tell the employer you'll pay for the premium but include you in the company's group insurance.even a normal delivery costs can run into 10K plus the baby has additional costs etc . Did you have group insurance from a previous company?you can continuethat on cobra..its expensive though.good luck
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